Referring to the Ombudsman (mediator) to settle a dispute with a public administration
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Summary:
The mediator or Ombudsman is responsible for settling disputes pertaining to concrete cases opposing a person and a public-sector body.
As part of a case affecting you, you can submit your complaint to the mediator or Ombudsman when it is linked to the functioning of:
- government administrations and communes; or
- public-sector establishments under the auspices of the state and communes.
Who is concerned
Any natural person (citizen) regardless of their nationality or legal person under private law (trading company, not-for-profit association, etc.) who believes that they have been wronged by a decision or an administrative procedure.
Prerequisites
Your complaint must relate to a concrete case that concerns you directly.
You feel that you have been wronged by:
- an administrative decision;
- an administrative procedure;
- an administration's failure to deal with a case in a timely manner;
- the non-enforcement of a court ruling;
- an administration's failure to uphold its duty in accordance with its mandate;
- a breach of agreements, laws and regulations by an administration.
Your complaint cannot relate to:
- an administration's general functioning;
- industrial, financial or commercial activities;
- conflicting working relationships between administrations and their civil servants or other agents.
Preliminary steps
You can only submit your complaint to the ombudsman after having:
- first asked the authority concerned to explain, clarify or modify its position. It is advisable to communicate by registered letter with acknowledgement of receipt. Make sure you keep a copy of all correspondence; and
- waited for one month after submitting your request for a reply.
If, after this deadline has passed, you have not received a response or, in your opinion, the response is unsatisfactory, you may file a complaint with the Ombudsman.
Costs
Recourse to the Ombudsman (mediator) to settle a complaint with an administration or a public-sector establishment is free of charge.
How to proceed
Filing a complaint
You can file a complaint with the Ombudsman:
- directly by drafting an individual written complaint; or
- through the intermediary of a member of the Chamber of Deputies; or
- by a verbal declaration to the Ombudsman's secretariat.
Your written complaint:
- must be sent by email to info@ombudsman.lu;
- can be drafted in Luxembourgish, French, German or English.
Your verbal complaint:
- can be made by appointment only;
- can be delivered in another foreign language, on condition that you are accompanied by an interpreter.
Supporting documents
Your complaint must include:
- a summary of the disputed facts; and
- supporting documents such as letters and disputed administrative decisions.
Subsequently, the Ombudsman may request, in writing or verbally, from the department targeted by the investigation, any information they deem necessary. This department shall be obliged to hand over to the Ombudsman, within the set time frame, all the information concerning the case in question, except if the information relates to national defence, state security or foreign policy.
Outcome of the complaint
If the Ombudsman considers that your complaint:
- is not, in their opinion, justified, they will inform you and provide the reason for their decision; or
- is admissible and founded, they will send their recommendations to the authorities in question, with a view to settling the dispute amicably.
The recommendations may include proposals for improving the operation of the relevant department. Their purpose is to encourage the authorities concerned to re-examine the disputed decision and thus revise their initial position.
The administration must provide feedback to the Ombudsman's intervention within the time frame set by the Ombudsman.
The Ombudsman may publish their recommendations, if:
- they do not receive a response within the time frame that they have set; or
- if the administration fails to take action following the Ombudsman's intervention.
The Ombudsman is obliged to inform you in writing of the outcome of their proposal.
Invoking the principle of equity
In certain circumstances, the strict application of a law may lead to a disproportionate burden for a person when considering the intended purpose of the law.
Thus, in certain specific situations and in exceptional circumstances, the Ombudsman may recommend that an administration settle your situation equitably and, in doing so, waive the strict application of the law in order to prevent an unfair situation.
Through this principle, the Ombudsman may make recommendations that are removed from an overly strict application of the law but without disregarding the will or intention of the original lawmaker.
The principle of equity only applies to special cases. The administration's acceptance of the principle of equity in a specific case does not constitute a precedent for other claims of the same nature.
Appeals
You can submit a complaint to the Ombudsman and an appeal to the competent courts simultaneously, without affecting or interrupting the time frame of either procedure.
The Ombudsman is neither a judge nor an arbitrator and, as such, cannot intervene in legal proceedings. However, in the event of a failure to enforce a court decision, they may order the body concerned to comply therewith within the time frame, which the Ombudsman will set.
An Ombudsman's decision not to pursue your complaint may not be appealed before a court.
Who to contact
Ombudsman Luxembourg
- Address:
- 65, route d’Arlon L-1140 Luxembourg Luxembourg
- Phone:
- (+352) 26 27 01 01
- Email address:
- info@ombudsman.lu
- Website:
- http://www.ombudsman.lu
Closed ⋅ Opens at 8.00
- Wednesday:
- 8.00 to 12.00 , 13.30 to 16.00
- Thursday:
- 8.00 to 12.00 , 13.30 to 16.00
- Friday:
- 8.00 to 12.00 , 13.00 to 16.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00 , 13.30 to 16.00
- Tuesday:
- 8.00 to 12.00 , 13.30 to 16.00
Related procedures and links
Procedures
Links
Further information
-
Ombudsman
Site web
-
Association luxembourgeoise des traducteurs et interprètes (ALTI)
Site web
-
Listes des experts, traducteurs et interprètes assermentés
sur le site du ministère de la Justice
Legal references
instituant un médiateur
